Law Express(The Second Issue of 2019)

  • 25 Apr 2019 3:16 PM
    Message # 7302997

    u  15 Departments Jointly Published the List of Investment Examination and Approval Items (Hereinafter referred to as the List)

    Recently, 15 departments including the National Development and Reform Commission and Ministry of Industry and Information Technology jointly published the List which specified the unified name and required application materials for the examination and approval of investment projects on the Investment Project Online Approval & Supervision Platform. The List involves 42 items of examination, approval, filing, and 258 kinds of material required to be submitted for review before the start of various types of investment projects. So far, there is no examination and approval outside the scope of the List.

    The List is to implement the State Council’s reform of delegating power, streamlining administration and optimizing government services. It is the first list that clarifies the remaining examination and approval items at the national level in recent years. The List not only covers matters concerning the examination, approval, and filing of the project during the establishment and decision-making stages, but also involves various special evaluations and construction approval. Besides over 10 approval items for general investment projects, the List also covers examination and approval regulations for some and a few projects in different situations.

    It is also indicated that the National Development and Reform Commission will take the lead in the dynamic adjustment of the List and conduct code management of various matters and application materials. The update of the coded investment approval items and application materials will also be arranged in a timely manner.

    The List is considered as the basis for the realization of the online and one-stop investment examination and approval. In line with relevant laws and regulations, all types of investment examination and approval must be handled through the Investment Project Online Approval & Supervision Platform. In order to achieve the goal that “no approval outside the list, no items outside the platform, and no overlapping application materials”, as well as to advocate that the investment project approval items are processed online, efficiently and conveniently, the 15 departments required that all departments at all levels must follow one list and handle various examinations and approvals on one platform, so as to effectively solve the problems of repeated reviews, repeated requests for materials and inconsistent material requirements etc.

    u  Regulation on Emergency Responses to Work Safety Accidents (Hereinafter referred to as the Regulation)

    The Regulation was published by the State Council on February 17, 2019 and will come into force on April 1, 2019. It puts forward norms and requirements for the emergency response system of work safety accidents, emergency preparation, on-site emergency rescue and related legal responsibilities. Details of the Regulation are as follows:

    1. Clarify the emergency operation system. The Regulation further refines the responsibilities and management system of governments and relevant departments at all levels in the emergency operation, namely making it clear that the emergency operation system is under unified leadership of the people's governments at and above the county level, responsible by the industrial supervision departments, guided and coordinated by comprehensive regulatory authorities.

    2. Strengthen emergency preparedness. The Regulation specifies the formulation and drilling requirements of emergency rescue plan, the construction and guarantee of emergency rescue team, the establishment of emergency rescue equipment and material reserve system, as well as emergency duty & guard system and other requirements.

    3. Standardize on-site emergency rescue operation. Aiming at the prominent problems of emergency operation in the scene of work safety accident, the Regulation stipulates 16 emergency rescue measures in details and innovates systems like accident scene command headquarter and commander in chief system.

    4. Stipulate legal responsibility. The Regulation provides for the responsibilities of governments and relevant departments at all levels in violation of the provisions of the Regulation, and the responsibilities of production and operation entities failing to prevent and deal with work safety accidents in accordance with the Regulation.

    The implementation of the Regulation is conducive to further standardizing and guiding the emergency operation of work safety accidents, improving emergency response ability, and effectively reducing casualties and property losses caused by accidents and disasters.

    u  Labor Law Tips - Nine Departments Including Human Resources and Social Security Bureau Jointly Issued Opinions to Prohibit Job Discrimination Against Women.

    On February 18, 2019, nine departments including Human Resources and Social Security Bureau and the Supreme Court jointly issued the Notice on Further Standardizing Recruitment Behavior to Promote Women's Employment. The main contents are as follows:

    1. The recruitment plan and recruitment information of employers shall not be limited to male only or male first.

    2. In the process of recruitment and employment, employers shall not ask whether women are married or whether they have children. The entry physical examination shall not include items reflecting the situation of marriage and childbearing. Employers shall not set birth restriction as preconditions of employment and shall not apply higher recruitment standards to women.

    3. The employers will be fined with an amount from RMB10,000 to RMB50,000 in case of violating the anti-discrimination rules.

    4. Women can report or make complaints to relevant authorities when encounter any job discrimination.

    5. A cause of action, i.e. equal employment rights dispute, will be created by the judicial system, and courts would accept cases of job discrimination concerning women's employment in line with the regulations.

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